New publications this month:
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)
Industrial emissions standards (‘best available techniques’) from 1 January 2021
After the end of the post-Brexit transition period on 31 December 2020, binding Best Available Techniques (BAT) for installations subject to environmental permits will be applied by the UK Government alongside the devolved administrations.
The intended UK BAT regime is planned to follow a collaborative approach between regulators and industry. While not set at the EU level, this guidance states that the “effects of the EU approach” will be considered when setting BAT in the future. This indicates European Commission BAT documents will influence the development of future UK BAT.
Trading timber: imports and exports from 1 January 2021
Guidance is provided on rules that will apply to movements of timber from 1 January 2021. Specific rules will apply to:
Specific rules will also apply to imports from Indonesia.
Due diligence requirements for timber exports and imports will not apply to timber subject to CITES permits.
Trading and moving endangered species protected by CITES from 1 January 2021
CITES restricts the movement of endangered species of wild flora and fauna. Due to the end of the post-Brexit transition period, CITES documents will be needed to be move CITES specimens between Great Britain and the EU and between Great Britain and Northern Ireland: free movements will no longer be possible.
This guidance details how the requirements coming into force must be met.
Coronavirus (COVID-19): surveying and mitigation works affecting wildlife
Guidance is provided for ecologists and environmental professionals undertaking field survey or mitigation works in England during the coronavirus pandemic.
Nature Recovery Network
This policy paper details how Defra and Natural England will work together to deliver a national network of wildlife-rich places by 2042. This aims to address biodiversity, climate change and wellbeing issues.
DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)
Additional Guidance for Renewable CHP
This document provides guidance on support available for renewable combined heat and power (CHP). This is targeted towards CHP developers.
ENVIRONMENT AGENCY
Land contamination risk management (LCRM)
A series of updated guidance documents on the management of risks from land contamination in England have been published.
MCERTS for stack emissions monitoring equipment at industrial installations
The certification process is described for continuous emissions monitoring systems (CEMS), transportable CEMS (T-CEMS) and dust arrestment plant monitors.
Regulatory Position Statements (RPSs)
The following RPS was updated during October 2020:
HM REVENUE AND CUSTOMS
If you apply an exempt process to aggregate
This document provides guidance on where the aggregates levy does not apply to aggregate produced by an exempt process.
NATURAL ENGLAND
Building partnerships for Nature’s recovery
Natural England’s priorities for the period between 2020 and 2025 are set out.
SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA), NATURAL RESOURCES WALES, NORTHERN IRELAND ENVIRONMENT AGENCY
GPP 1: A general guide to preventing pollution
This guideline for pollution prevention provides general instructions on preventing pollution in Wales, Scotland and Northern Ireland. This replaces the former PPG01 (general guide to the prevention of pollution) pollution prevention guideline document, which was withdrawn previously.
SEPA
Control of plants in or near to water
This publication provides guidance on measures to manage plants in or near to water. This includes any authorisations required under the Water Environment (Controlled Activities) (Scotland) Regulations 2011.
WELSH GOVERNMENT
National Strategy for Flood and Coastal Erosion Risk Management in Wales
This strategy describes how the Welsh Government intends to manage risks from flooding and coastal erosion for the next 10 years.
The strategy was introduced to meet an obligation under the Flood and Water Management Act 2010.
Dog toy company pays for environmental projects as an alternative to prosecution
Kong Company Ltd supplies dog toys from its premises on the outskirts of Salisbury. Its primary product is a rubber dog toy called ‘Kong’, which is imported into the UK for distribution across Europe.
The Environment Agency found that Kong Company Ltd had failed to meet its obligations under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 as a supplier of packaged goods.
As an alternative to prosecution, Kong Company Ltd made an enforcement undertaking offer to the Environment Agency.
Enforcement undertaking
Kong Company Ltd saved £3,792 by failing to register with a packaging recovery scheme for the years 2012-2015 inclusive. Its finance director admitted three offences under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, including that the company had:
The enforcement undertaking consisted of a £4,930 donation to a by Salisbury-based charity, The Species Recovery Trust. This donation will help to fund three projects including the Salisbury Drinking Fountain Campaign that aims to reduce the number of single use water bottles purchased in the city centre and ultimately reduce plastic waste.
The money will also be used to help two endangered plants: the heath lobelia and marsh clubmoss. The Species Recovery Trust will work with partner organisations including Natural England, Hampshire Rare Plant Group, Millennium Seed Bank and Devon Wildlife Trust to improve the habitats and increase the populations of both these plant species.
Norfolk Skip company fined for illegally operated waste site
The director of a skip company has been ordered to pay £22,000 for operating an illegal waste site for over a year. This activity continued despite repeated warnings from the Environment Agency.
The company, based near Kings Lynn, had stockpiled old refrigerators, soiled mattresses, rubble and other mixed waste outside in the open where it risked contaminating the nearby River Nar Site of Special Scientific Interest (SSSI).
The site was only permitted to store and treat waste indoors within a defined area. Only specific, low-risk activities were allowed outside. However, Environment Agency officers (who visited on nine different occasions from May 2018 to April 2019) consistently found waste piling up on land used by the company.
The officers repeatedly gave advice and support, but the company failed to clear the waste despite being given multiple deadlines and extensions.
Penalty
The Director was fined £14,000 and ordered to pay £8,170 in costs and surcharges.
Environment Agency prevents access to land to prevent illegal dumping and burning of waste
A court order has been applied to prohibiting anyone from entering or depositing waste on a site at Aln View, Old Swarland in Northumberland, to reduce the impact on the local community while a criminal investigation into activity at the site is ongoing.
The Restriction Order was obtained at Bedlington Magistrates’ Court on Thursday 8 October 2020. Investigations of the site began in February 2020, when reports were received about waste being brought onto the site and burned. On 16 March 2020, officers visited the site and saw several piles of waste and evidence of burning.
Letters requiring the site to stop taking in waste and for it to be cleared were sent but the fires continued. Following a number of visits, a follow up enforcement notice again requiring the site to be cleared was issued in July 2020, and the deadline for that to take place has now passed.
The Environment Agency has now locked the site’s access gate and placing a warning notice at the entrance. Anyone entering the land, or tampering with the lock or notice, will be committing a criminal offence.
The Environment Agency started receiving complaints about waste being imported and burned at the site in February this year.
